Car accidents are traumatic, both physically and psychologically. Apart from incurring injuries and damage to vehicles, victims must undergo the judicial process to receive rightful compensation.

You must understand your rights under the law following an accident to protect yourself and receive the compensation you deserve. Let us explore legal recourse, how to claim compensation, and why you must claim it early.

Compensation for Damages

You can recover damages for some of the following injuries in case you have been involved in a motor vehicle accident:

Medical expenses cover hospital bills, surgery, rehabilitation, physical therapy, and future medical bills that pertain to the accident.

In case the accident makes you unable to work for a short or long period of time, you can sue for lost income. Consider property lost or damaged during the accident, including the impact on value.

Estimate damages for physical pain, emotional distress, and the overall impact of the accident on your lifestyle. Emotional distress is the long-term psychological injuries from accidents, such as PTSD, anxiety, and depression, which can be recovered under a claim.

Statute of Limitations: Why Time Matters

There is a time constraint, or the statute of limitation, in all states where the victim of an accident must make a claim. It is one year in most instances or four years, depending on the state.

You lose your right to compensation if you fail to meet the deadline. Since time limitations vary by state, you must hire an attorney in time so that you do the right thing on time.

Fault Determination and Comparative Negligence

Fault determination is an important aspect of any car accident case. Fault can be established in any of the following ways:

At-fault states: The at-fault party in the accident will be responsible for paying the victim damages. The victim may seek damages from the insurer of the at-fault party.

Comparative negligence: A few states use comparative negligence, where the fault is distributed between drivers. If you were partly at fault, even then your award can be reduced by the proportion of fault.

No-fault states: A few no-fault states have insurance laws where all motorists are compensated by their own insurer even if the at-fault motorist had no fault on his or her side. Nonetheless, victims do not forfeit the right to sue if their injuries surpass a specific threshold of seriousness.

Filing a Claim with the Insurer

The most common way of claiming compensation is by making a claim against the insurer of the party at fault. Claiming usually involves notifying the insurance company of the accident. Next, your insurer will ask for proof (i.e. documentation) of the accident.

Insurance adjusters will offer a settlement amount, but you must ensure that it is sufficient to pay for all the damage. If the compensation offer doesn’t adequately cover your expenses, including time away from work, you can request a Tucson auto accident attorney to negotiate a decent settlement for you.

Maintaining Evidence: Constructing a Solid Case

Proper documentation works in your favor and enhances the prospects of a reasonable settlement. 

Take clear photos of the scene of the accident, damage to the vehicle, injury, road condition, and traffic lights. Gather witness statements to corroborate your evidence; a police report also comes in handy when making claims.

Detailed documentation of your injury, treatment, and medical bills helps in determining the impact of the accident on your daily life.

Access to Medical Treatment

Regardless of fault, accident victims have access to medical treatment.

Certain states offer Personal Injury Protection (PIP) coverage, which covers medical expenses irrespective of the at-fault party. Even in fault states, it is necessary to obtain immediate medical attention for your health and proof for your case.

State-Specific Legal Factors

The laws regulating car accident claims vary, and it’s important to know your state’s specific laws. For example, the statute of limitations may be different in your new state of residence versus the last.

Some states mandate that drivers purchase uninsured/underinsured motorist coverage, which would come in handy if the driver of the other vehicle involved in the accident is inadequately insured. Other states may limit the amount of money an accident victim can receive for non-economic damages, like pain and suffering.

Safeguarding Your Rights After a Motor Vehicle Accident

After a car accident, knowing your rights can make all the difference between a win or loss in rightful compensation. Seeking medical attention, taking photographs, and getting legal advice immediately is the smartest way to safeguard your rights.

If you’ve been in an accident, consider reaching out to a qualified attorney in your state to discuss your rights and the best course of action for your specific situation.